In the name of Allah, the Most Gracious, the Most Merciful. Blessings and peace be upon the noblest of the Prophets and Messengers, our Prophet Muhammad, and upon all his family and Companions.
This is a summary of what was covered in this part of the explanation of Imam al-Shafi’i’s al-Risalah, focusing on the important points and clarifications, and supplemented with some additions and explanations that help in understanding the issue more deeply.
Paragraph 1228 onward: further examples of the Companions accepting the solitary report:
Imam al-Shafi’i continues to mention examples of the Companions accepting the solitary report and acting on it, even when it contradicted their opinion or juristic reasoning.
- The conditions of trustworthiness according to the scholars of usul: He reaffirms that the “one” in “solitary report” means a single trustworthy narrator: one who acts in obedience to Allah and is not suspect in his truthfulness or his memory.
- Distinguishing between narration and testimony: He repeats the reminder of the difference between narration and testimony: testimony requires a specific number of witnesses, whereas a narration is established by a single trustworthy narrator.
- The hadith of Mu’awiyah and Abu al-Darda’ on selling gold and silver: Al-Shafi’i cites a hadith from Malik, from Zayd ibn Aslam, from ‘Ata’ ibn Yasar, that Mu’awiyah sold a drinking vessel of gold or silver for more than its weight. Abu al-Darda’ objected and told him that the Prophet ﷺ had forbidden the like of this. Mu’awiyah said, “I see nothing wrong with this,” and Abu al-Darda’ said: “Who will excuse me from Mu’awiyah? I will not live with you in the same land.” He explains that this hadith was recorded by Malik in al-Muwatta’ and by al-Nasa’i with an authentic chain. He points out that the well-known story is that of ‘Ubadah ibn al-Samit with Mu’awiyah.
- Abu al-Darda’ censuring Mu’awiyah: He shows that the relevant point in this story is Abu al-Darda’ censuring Mu’awiyah for contradicting the text, and that this shows the obligation to censure when the Shari’ah is contravened. He discusses the issue of shunning innovators, and shows that Mu’awiyah was not an innovator; rather, he exercised juristic reasoning and erred.
- Why Mu’awiyah exercised his own reasoning in this matter: He explains that Mu’awiyah may have reasoned as he did because he understood the prohibition reported to him by Abu al-Darda’ as a mere transmitted statement rather than a binding command, and that this understanding was mistaken.
- The report of Abu Sa’id al-Khudri with another man: Al-Shafi’i cites another report about Abu Sa’id al-Khudri: he met a man and told him something from the Prophet ﷺ, and the man mentioned a report contradicting it, so Abu Sa’id said: “By Allah, no single roof shall ever shelter me and you together.” He shows that this report is given in the form indicating weakness (sighat al-tamrid).
- The hadith of Makhlad ibn Khufaf with ‘Umar ibn ‘Abd al-‘Aziz and ‘Urwah ibn al-Zubayr on “profit follows liability”: Al-Shafi’i cites a hadith from Makhlad ibn Khufaf that he bought a slave who was then found to have a defect. He brought the dispute to ‘Umar ibn ‘Abd al-‘Aziz (who was governor of Madinah), who ruled that the slave be returned and that what had been gained from him also be returned. Then he went to ‘Urwah ibn al-Zubayr and told him, and ‘Urwah said: “I will go to him this evening and tell him that ‘A’ishah told me that the Messenger of Allah ﷺ ruled in a case like this that profit follows liability (al-kharaj bi al-daman).” ‘Urwah went to ‘Umar and told him, and ‘Umar reversed his ruling and acted on the hadith of the Prophet ﷺ.
- The meaning of “profit follows liability”: He explains the meaning of “profit follows liability”: whatever benefit the buyer obtains from the thing he purchased before the defect appears belongs to him in return for his bearing liability for it had it perished.
- The report of Sa’d ibn Ibrahim and another man, in a case where he had followed Rabi’ah’s opinion: Al-Shafi’i cites another report that Sa’d ibn Ibrahim decided a case according to the opinion of Rabi’ah, then a man informed him of something from the Prophet ﷺ contrary to his ruling, so Sa’d reversed his ruling and acted on the hadith of the Prophet ﷺ.
- The hadith of Abu Shurayh al-Ka’bi on homicide: Al-Shafi’i cites a hadith from Abu Shurayh al-Ka’bi that the Prophet ﷺ said in the year of the Conquest: “Whoever has a relative killed has the better of two options: if he wishes, he takes the blood-money, and if he wishes, he has retaliation.”
- Ibn Abi Dhi’b’s rebuke of someone who asked him “Do you adopt this?” after he narrated from the Prophet ﷺ: He shows that Ibn Abi Dhi’b strongly rebuked someone who said to him “Do you adopt this?” after he had narrated to him from the Prophet ﷺ, saying: “I narrate to you from the Messenger of Allah and you ask whether I adopt it? Yes, I adopt it, and that is the obligation upon me and upon whoever hears it.”
- Clarifying the issue of the compilation of al-Risalah and Kitab al-Umm: He explains that al-Risalah and Kitab al-Umm were each written twice, that the second writing superseded the first, and that what is rumored, namely that Kitab al-Umm is not by al-Shafi’i, is incorrect.
- Conclusion: Al-Shafi’i stresses that there are hadiths establishing the solitary report, some of which would be sufficient on their own, and that this was the way of the Salaf and of the generations after them.
Some additional benefits:
- Explaining the importance of censuring contraventions of the Shari’ah.
- Clarifying the meaning of “profit follows liability.”
- Explaining the standing of the Companions and the Successors and their eagerness to follow the truth.
- Clarifying the issue of the compilation of al-Risalah and Kitab al-Umm.
We ask Allah the Exalted to grant us success in understanding His Book and the Sunnah of His Prophet ﷺ, and to make us among those who follow them.
All parts of Summary of the Explanation of al-Risala by Shaykh Dr. Ahmad al-Naqeeb